Can the Family Claim a Deceased Person’s Bequest?
Question
My father made a bequest for several people after his demise. Some are alive, and some have passed away. Are the families of those who have passed away entitled to receive such bequests?
Answer
If a bequest is made in favour of non-heirs, then the bequest will be valid up to one-third of the estate, if they, i.e., the beneficiaries, are alive at the time of demise.
If any of the beneficiaries of the bequest are not alive at the time of demise, then the bequest made in their favour will be null and void, and neither will their families be entitled to it. The surviving beneficiaries will benefit from the bequest as per the shares allocated to them. (Lubaab 1/418)
N.B. The Jamiatul Ulama KZN offers a free service to the public to assist Muslims with their Islamic Wills. We can advise you and answer questions relating to your Will, inheritance, and any proposed estate planning, to ensure that your arrangements are valid according to Shariah. We encourage Muslims to attend to these matters during their lifetime and not leave them until it is too late. To arrange an appointment, please contact the Jamiatul Ulama KZN office on 031 207 7099.
Islamic Wills are also available to download here.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.